Vukelic v Glad Cleaning Service [2003] NSWCA 253

New South Wales Court of Appeal

CITATION : Vukelic v Glad Cleaning Service [2003] NSWCA 253 HEARING DATE(S) : 01/09/03 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Handley JA at 1, 39, 41; Tobias JA at 40; Young CJ in Eq at 2-38 DECISION : Appeal dismissed with costs.

CATCHWORDS : The appellant was working as a cleaner on her hands and knees near a wall. At knockoff time, she quickly stood up and her head hit a white box protruding from the wall for about 50mm. The appellant sued her employer on the basis that it should have supplied her with an extension tube, which would have permitted her to clean whilst standing. The trial judge dismissed her claim. The appeal was dismissed on the basis that the appellant had not demonstrated that her employer had breached its duty of reasonable care. TORT- Personal injury- Workplace injury- Duty of care- "Reasonable care". PROCEDURAL FAIRNESS- Denial of interpreter- Substitution of poor quality photograph with one of a much better quality. (ND) LEGISLATION CITED : Evidence Act 1995, s 30 Liftronic Pty Ltd v Unver (2001) 75 ALJR 867 McLean v Tedman (1984) 155 CLR 306 CASES CITED : Tame v NSW (2002) 76 ALJR 1348 Van der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Wyong Shire Council v Shirt (1980) 146 CLR 40 PARTIES : Svetislavka Vukelic (Appellant) Glad Cleaning Service (Respondent) FILE NUMBER(S) : CA 41210/02 COUNSEL : E Romaniuk (Appellant) C Hoeben SC (Respondent) SOLICITORS : Appellant self-represented TurksLegal (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 6588/00 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :